The Deregulation Act 2015

The regulations introduce a new prescribed form for a notice under section 21 informing a tenant that the landlord intends to seek possession of the property let on an assured shorthold tenancy. This makes it easier for landlords as the notice simply needs to give 2 months notice (but give time for delivery of the notice) and no longer depends if the property is in the fixed term or periodic.

Exceptions have been introduced to protect tenants against retaliatory eviction. If the tenant complains about the condition of the property, or the common parts, the landlord has 14 days to provide an adequate solution. If the tenant complains to the housing authority and an enforcement notice is served on the landlord, a section 21 cannot be served for 6 months.

There are now certain requirements that the landlord must fulfil before they can issue a valid section 21 notice. This includes providing the tenant with an energy performance certificate, provide tenants with a gas safety certificate. A section 21 cannot be served until these requirements have been met.

Landlords must also provide tenants with a copy of the booklet ‘How to Ren: the checklist for renting in England’. Landlords are not required to supply a further copy of the booklet each time a different version is published. Again, a valid section 21 cannot be served if this requirement has not been met.

If you need to serve a section 21 please get in touch using our online form, or by telephoning 01536 276300.